Terms of Service

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1. Overview

Welcome to KimHungJewelry! The terms "we", "us" and "our" refer to KimHungJewelry. KimHungJewelry operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the "Services"). KimHungJewelry is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

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2. Access and Account

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

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3. Our Products

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

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4. Orders

When you place an order, you are making an offer to purchase. KimHungJewelry reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until KimHungJewelry confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting, as KimHungJewelry may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e-mail, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy.

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5. Prices and Billing

The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

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6. Shipping and Delivery

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control.

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7. Intellectual Property

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by KimHungJewelry, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of KimHungJewelry, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by KimHungJewelry.

KimHungJewelry's names, logos, product and service names, designs, and slogans are trademarks of KimHungJewelry or its affiliates or licensors. You must not use such trademarks without the prior written permission of KimHungJewelry. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

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8. Optional Tools

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

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9. Third-Party Links

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.

We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

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10. Relationship with Shopify

KimHungJewelry is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with KimHungJewelry. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and KimHungJewelry, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with KimHungJewelry.

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11. Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy and certain personal information may be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to providWe will collect and improve our services to provide you with a better experience. Information you submit to our services will be transferred to and shared with Shopify and third parties, who may be located in other countries outside your place of residence, to provide you with our services.

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12. Feedback

By submitting, uploading, posting, emailing, or otherwise transmitting any ideas, suggestions, feedback, comments, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use.

You also represent and warrant that: (i) you own or have obtained all necessary rights to all Feedback; (ii) you have disclosed any compensation or rewards received for submitting Feedback; and (iii) your Feedback will comply with these Terms. We have no obligation to (1) keep your Feedback confidential; (2) pay for your Feedback; or (3) respond to your Feedback.

We have the right (but not the obligation) to monitor, edit, or remove content that we deem illegal, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that infringes on any party's intellectual property rights or violates these Terms of Service.

You agree that your feedback will not infringe on any third party's rights, including copyright, trademark, privacy, moral rights, or other personal or proprietary rights. You further agree that your feedback will not contain defamatory or other illegal, abusive, or obscene content, nor any computer virus or other malicious software that may in any way affect the operation of the Service or any related website. You must not use a false email address, impersonate another person, or otherwise mislead us or any third party into believing the source of any feedback. You are solely responsible for any feedback you provide and its accuracy. We assume no responsibility for any feedback posted by you or any third party.

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13. Errors, Inaccuracies, and Omissions

Information that contains typographical errors, inaccuracies, or omissions may occasionally appear in the Service, such as regarding product descriptions, pricing, shipping costs, delivery times, and inventory availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time, and have the right to change or update information, or cancel any inaccurate orders, without prior notice (including after you have submitted your order).

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14. Prohibited Use

You may only access and use the service for lawful purposes. You may not, directly or indirectly, access or use this Service for:

• Any illegal or malicious purpose

• Violating any international, federal, provincial, or state statute, rule, law, or local regulation

• Infringing or violating our intellectual property rights or the intellectual property rights of others

• Harassing, abusing, insulting, harming, defaming, disparaging, denigrating, intimidating, or damaging any of our employees or any other person

• Spreading false or misleading information

• Sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with these Terms

• Sending or causing others to send any advertising or promotional material, including any “spam,” “chain mail,” “harassment mail,” or any other similar solicitation

• Impersonating or attempting to impersonate any other person or entity

• Engaging in any other conduct that restricts or hinders another person’s use or enjoyment of the Service, or conduct that we believe may cause harm to KimHungJewelry, Shopify, or Service users, or hold them liable for any such conduct.

In addition, you agree not to:

• Upload or transmit viruses or any other type of malicious code that may or could in any way affect the functionality or operation of the Service.

• Copy, reproduce, extract, sell, resell, or exploit any part of the Service.

• Collect or track the personal information of others.

• Send spam, phishing, online fraud, or otherwise deceive the Service.

• Use any bots, web crawlers, scraping tools, data collection and extraction tools, automated devices or processes, artificial intelligence tools (such as Proxy AI), or any automated or manual means to access the Service.

• Interfere with, bypass, or circumvent our security or authorization features, bot exclusion headers, or other measures we take to restrict access to the Service.

If we determine that you have violated any part of these Terms, we reserve the right to suspend, disable, or terminate your account at any time without notice.

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15. Proxy

These Terms apply if you use, permit, enable, or cause a proxy to be deployed to access, use, or interact with any Service. "Agent" refers to any software or service that acts autonomously or semi-autonomously on behalf of any individual or entity or at their direction, and can... executed on behalf of or using a person's device, without direct supervision.
No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in this section. In addition, no Agent may access, use, or interact with Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.

We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.

Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans; (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer; (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.

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16. Termination

We may terminate or suspend your access to the Services at any time, with or without cause, and with or without notice.

Upon termination, you remain responsible for all charges and obligations incurred prior to the termination date.

The following sections shall survive any termination of this agreement: Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, and any other provisions that by their nature should survive termination.

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17. Disclaimer of Warranties

The Services and all products are provided to you "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not guarantee that the Services will be uninterrupted, error-free, or completely secure. Your use of the Services is at your sole risk.

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18. Limitation of Liability

To the fullest extent permitted by applicable law, KimHungJewelry, its owners, employees, and affiliates shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the Services or products.

Our total liability for any claim related to your use of the Services or any product purchased from us shall not exceed the amount you paid for the product or service in question.

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19. Indemnification

You agree to indemnify, defend, and hold harmless KimHungJewelry and its affiliates from any claim, demand, damage, loss, or expense (including reasonable legal fees) arising from:

• Your violation of these Terms of Service
• Your misuse of the Services
• Your violation of any applicable law or regulation
• Any content you submit through the Services
• Your violation of the rights of any third party

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20. Severability

If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.

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21. Waiver

Our failure to enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by KimHungJewelry.

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22. Entire Agreement

These Terms of Service, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and KimHungJewelry regarding your use of the Services and supersede all prior agreements, representations, and understandings.

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23. Assignment

You may not assign, transfer, or delegate any of your rights or obligations under these Terms of Service without our prior written consent. We may assign, transfer, or delegate our rights and obligations under these Terms of Service at any time without notice to you.

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24. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

Any disputes arising from or related to these Terms of Service or your use of the Services shall be resolved in the courts of California, United States, and you consent to the exclusive jurisdiction of such courts.

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25. Changes to Terms of Service

We reserve the right to update, modify, or replace any part of these Terms of Service at any time by posting the updated version on this page. The "Last updated" date at the top of this page will reflect the most recent revision.

Your continued use of the Services after any changes are posted constitutes your acceptance of the updated Terms of Service.

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